12.60: Appeal from decision of Court of Queen’s Bench sitting as original court

Case Summary

During a Case Management hearing on October 30, 2012, Counsel for the Parties’ children submitted that a risk assessment and psychological assessment of the father would be helpful. The Justice asked Counsel for the children to draft an Order reflecting Counsel’s recommendations and advised the Parties that the Justice would consider the Order and, if appropriate, grant it “or something like it”. The Order was entered on December 13, 2012 with a date of pronouncement shown as October 30, 2012.

The Appellant applied for an extension of time to appeal. As a preliminary issue, the Court considered whether a time extension was necessary. Justice Rowbotham found that the Case Management Judge did not pronounce the Order on October 30, 2012. On that date, it was indicated that His Lordship would consider the draft Order and grant it or “something like it”. Accordingly, the time for filing the Appellant’s Appeal was governed by Rule 12.60(2)(b). The Court held that the Appellant was able to establish that he received notice upon receiving a copy of the filed Order. As the Appellant filed his Appeal within one month of that date no Application to extend time for filing a Notice of Appeal was required.

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